CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 208 Units issued as a result of fraudulent conduct--court may order relinquishment
CLEAN ENERGY ACT 2011 (NO. 131, 2011) - SECT 208
Units issued as a result of fraudulent conduct--court may order relinquishmentScope
(1) This section applies if:
(a) one or more carbon units were issued to a person on a particular occasion; and
(b) the person has been convicted of an offence against:
(i) section 134.1 of the Criminal Code ; or
(ii) section 134.2 of the Criminal Code ; or
(iii) section 135.1 of the Criminal Code ; or
(iv) section 135.2 of the Criminal Code ; or
(v) section 135.4 of the Criminal Code ; or
(vi) section 136.1 of the Criminal Code ; or
(vii) section 137.1 of the Criminal Code ; or
(viii) section 137.2 of the Criminal Code ; and
(c) an appropriate court is satisfied that the issue of any or all of the units was directly or indirectly attributable to the commission of the offence.
Note: For appropriate court , see subsection (8).
(2) The court may, on application made by the Director of Public Prosecutions or the Regulator, order the person:
(a) to relinquish a specified number of carbon units not exceeding the number of carbon units issued as mentioned in paragraph (1)(a); and
(b) to do so by a specified time.
Compliance
(3) The person must comply with an order under subsection (2).
Note: An administrative penalty is payable under section 212 for non-compliance with a relinquishment requirement.
(4) The person does not comply with an order under subsection (2) unless the notice of relinquishment specifies the order.
(5) To avoid doubt, the person is required to comply with an order under subsection (2) even if:
(a) the person is not the registered holder of any carbon units; or
(b) the person is not the registered holder of the number of carbon units required to be relinquished.
Conviction
(6) It is immaterial whether the conviction occurred before, at or after the commencement of this section.
Copy of order
(7) A copy of an order under subsection (2) is to be given to the Regulator.
Appropriate court
(8) For the purposes of this section, each of the following courts is an appropriate court :
(a) the court that convicted the person of the offence;
(b) the Federal Court;
(c) the Supreme Court of a State or Territory.
Spent convictions
(9) Nothing in this section affects the operation of Part VIIC of the Crimes Act 1914 (which includes provisions that, in certain circumstances, relieve persons from the requirement to disclose spent convictions and require persons aware of such convictions to disregard them).